Spill-Overs in Data Governance: The Relationship Between the GDPR’s Right to Data Portability and EU Sector-Specific Data Access Regimes

Graef, Inge; Husovec, Martin; Boom, Jasper van den

doi:10.2139/ssrn.3369509

Cited by 10 publications

(11 citation statements)

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“…For example, while the GDPR allows data controllers to charge data subjects a reasonable fee if their data portability requests are excessive, in particular, because of their repetitive character (Article 12, Section 5(a), GDPR), the Recast Electricity Directive states that no additional costs will be charged to the consumers for access to their data or for requests to make their data available (Article 20 last paragraph and Article 23, Section 5. See also [10]). In addition, while the right to data portability as conceived in the GDPR seems to be more suitable for one-off data sharing, the provisions on access to consumer data in the Recast Electricity Directive include the possibility of continuous data sharing (Article 20, section a.…”

Section: Interactions and Possible Tensions Between The Recast Electricity Directive And The Gdprmentioning

confidence: 98%

“…Huhta (2019) studies the legal interface between the GDPR and electricity market design legislation under the Clean Energy Package, focusing predominantly on interpreting how the grounds for personal data processing in the GDPR can be applied in the context of smart metering [6]. Graef, Husovec & van den Boom (2020) also study the interplay between the GDPR and the Recast Electricity Directive, but their analysis focuses on identifying 'spill-overs' between the rules for personal data portability in the GDPR and the rules concerning access to consumer's data in the electricity sector, as well as other consumer data access regimes in the EU [10].…”

Section: Introductionmentioning

confidence: 99%

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The Legal Complexities of Processing and Protecting Personal Data in the Electricity Sector

2022

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The use of smart meters enables the emergence of innovations in the electricity sector, such as smart grids, prosumers and Peer-to-Peer trading, which can play an important role in realizing the energy transition. These developments rely on the processing of personal data, triggering the application of data protection legislation in addition to the legislation organizing the electricity markets. This article examines the interaction between the General Data Protection Regulation (GDPR) and the Directive (EU) 2019/944 on common rules for the internal market for electricity in the European Union, following the method of doctrinal legal research. Concretely, this article investigates what kinds of tensions may arise from the coexistence of these two legal regimes and whether there are mechanisms in place to prevent or mitigate such tensions. Three main tensions are identified. The first tension lies in the fact that some of the innovations facilitated by smart metering in the energy sector rely on technologies that might not be entirely compatible with the GDPR. A second tension follows from the existence of separate but interrelated regimes for access to data of the consumer/data subject in the two legal instruments here analysed. The third tension relates to a possible overlap of competences between the supervisory authorities of both regimes. This article is a contribution to the still scarce legal scholarship on the interplay between the GDPR the Recast Electricity Directive. The findings of this research are of interest not only for academics but also for practitioners, policymakers and supervisory authorities that have to deal with the issues here identified.

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Section: Interactions and Possible Tensions Between The Recast Electricity Directive And The Gdprmentioning

confidence: 98%

Section: Introductionmentioning

confidence: 99%

The Legal Complexities of Processing and Protecting Personal Data in the Electricity Sector

2022

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“…However, a common feature of these contributions is that the focus shall be put on the so-called access to account (XS2A) rule, set out in various provisions of PSD2. To this extent, one has to recall, at first, two general provisions concerning the access to payment systems 8 accounts maintained with a credit institution 9 , and then other two provisions, devoted to specific services, namely to payment initiation services 10 and to account information services 11 .…”

Section: The Benefits and Potential Drawbacks Of The Eu Approach To Open Bankingmentioning

confidence: 99%

Open Banking and Competition: An Intricate Relationship

Palmieri¹,

Nazeraj²

2021

Competition Law (In Pandemic Times): Challenges and Reforms

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Open banking – promoted in the European Union by the access to account rule contained in the Directive (EU) 2015/2366 on payment services in the internal market (PSD2) – is supposed to enhance consumer’s welfare and to foster competition. However, many observers are fearful about the negative effects of the entry into the market of the so-called BigTech giants. Unless incumbent banks are able to rise above the technological challenges, the risk is that, in the long run, BigTech firms could dominate the market, by virtue of their great ability to collect data on consumer preferences, and to process them with sophisticated tools, such as Artificial Intelligence and Machine Learning techniques; not to mention the possible benefits arising from the cross-subsidisation. This paper aims at analysing the controversial relationship between open banking and competition. In this framework, many aspects must be clarified, such as the definition of the relevant markets; the identification of the dominant entities; the relationship with the essential facility doctrine. The specific competition problems encountered in the financial sector need to be inscribed in the context of the more general debate around access to data in the digital sphere. The evolving scenario poses a serious challenge to regulators, calling them to strike the right balance between fostering innovation and preserving financial stability. The appraisal intends not only to cover EU law and policy, but also to make a comparison with other legal systems. In this respect, something noteworthy is taking place in the United States where, as of today, consumers’ access to financial data sharing has been largely dependent on private-sector efforts. Indeed, Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (passed in the aftermath of the financial crisis of 2008) provides that, subject to rules prescribed by the Bureau of Consumer Financial Protection (CFPB), a consumer financial services provider must make available to a consumer information, in its control or possession, concerning the consumer financial product or service that the consumer obtained from the provider. This provision, which dates back to 2010, has never been implemented. However, on 22 October 2020, the CFBP has announced its intention to regulate open banking, issuing an advanced notice of proposed rulemaking. In light of their investigation, the authors advocate the adaptation of the current strategies to the modified conditions and, in some instances, the creation of novel mechanisms, more suitable to face unprecedented threats.

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“…Some sectors in the EU have already made specific arrangements for data sharing beyond the GDPR's right to data portability. However, an overall framework would be needed (Graef, Husovec, & van den Boom, 2019). In 2020, the European Union is developing a new Digital Services Act; however, it is not known if or how it might include questions of data value and data sharing across different economic and social sectors (Streel & Husovec, 2020).…”

Section: Political Move: From Data Privacy To Data Valuementioning

confidence: 99%

The future of value in digitalised higher education: why data privacy should not be our biggest concern

Komljenovič

2020

High Educ

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Universities around the world are increasingly digitalising all of their operations, with the current COVID-19 pandemic speeding up otherwise steady developments. This article focuses on the political economy of higher education (HE) digitalisation and suggests a new research programme. I foreground three principal arguments, which are empirically, theoretically, and politically crucial for HE scholars. First, most literature is examining the impacts of digitalisation on the HE sector and its subjects alone. I argue that current changes in digitalising HE cannot be studied in isolation from broader changes in the global economy. Specifically, HE digitalisation is embedded in the expansion of the digital economy, which is marked by new forms of value extraction and rentiership. Second, the emerging research on the intersection of marketisation and digitalisation in HE seems to follow the theories of marketisation qua production and commodification. I argue that we need theories with better explanatory power in analysing the current digitalisation dynamics. I propose to move from commodification to assetisation, and from prices to rents. Finally, universities are digitalising in the time when the practice is superseding policy, and there is no regulation beyond the question of data privacy. However, digital data property is already a reality, governed by ‘terms of use’, and protected by the intellectual property rights regime. The current pandemic has led to ‘emergency pedagogy’, which has intensified overall digitalisation in the sector and is bypassing concerns of data value redistribution. I argue that we urgently need public scrutiny and political action to address issues of value extraction and redistribution in HE.

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Spill-Overs in Data Governance: The Relationship Between the GDPR’s Right to Data Portability and EU Sector-Specific Data Access Regimes

Cited by 10 publications

References 0 publications

The Legal Complexities of Processing and Protecting Personal Data in the Electricity Sector

The Legal Complexities of Processing and Protecting Personal Data in the Electricity Sector

Open Banking and Competition: An Intricate Relationship

The future of value in digitalised higher education: why data privacy should not be our biggest concern

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